Ariel_1407 (Self) 02 March 2011

Need Legal advice

I had a live-in with my ex-boyfriend for around 2 years. During this period, I had lent around 1.5 lakh for his business by borrowing from a private bank. He broke with me an year back showing his parents disinterest a a reason and now, he is refusing to pay the money. Also, he is trying to get married to some other girl. Here, I am struggling to close the loan and I could not save even a single paise for my future due to this. Though I am in a good job due to my education, I am basically from a poor family and my parents could not save for my future or even theirs. I have already got education loan on my name and on top of that, I have this one also. I am trying to file a complaint against him.

When I was going through Indian law for understanding, I came through protection against domestic violence act, 2005, I saw "economic viloence" section under the same. I could not understand that completely. Will my case come under that? I have the following proofs for our relationship,

1. his mail which points me as his luv

2. his message

3. The letters referring to each other to the same adress

4. Photo

The original rental agreement during our live-in had referred me as his wife, which my old landlord lost it. In the xerox copy which he gave me, he changed it as "C/O" instead of W/o.

Can somebody provide me a advice whether I can seek legal help?

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8 Replies

Arvind Singh Chauhan (advocate) 02 March 2011

You can file complaint and seek relief under DVT Act only.

Kirti Kar Tripathi (lawyer) 02 March 2011

yes, you can file complaint and seek remedy under DVAct.

Ariel_1407 (Self) 02 March 2011

Thank you, Mr. Arvind, Kirti and Prabhakar. Your advice had given me more confidence. But, I have to state some more facts to understand further. Will it be a problem, since we were not in touch in touch for around a year? Also, he borrowed the money on Sep 2007, which is nearly 3.5 years. Will it be a problem since it is more than 3 years?

(Guest)

Hello all

I have a question.

Will DV Act apply here?

Because as per latest SC ruling,a lady can claim relief only if she and her partner have lived together for many years and held themselves to the society as husband and wife?

If yes,would a case of cheating not suffice?

Samir Jha (Advocate) 02 March 2011

@Meenal

As per the judgment, after satisfying four conditions laid down in the judgment even the person in the live in relationship can be brought under the ambit of DV Act. I believe this judgment was passed by J. Markandey Katju and J. T S Thakur last year in october.

What the Hon'ble SC has excluded is the one night stands etc. The other recent judgment is on 125 CrPC and hence is not applicable on DV act.

Please appriciate that I am not commenting if the DV act will be applicable in the present facts of the query posted or not but making a legal point here that Live in relationship is within the ambit of DV Act.

regards.

amit (clerk) 03 March 2011

sir mere sasuraal valo ne mere khilaaf dowry act m ek application distt. haridwar m di jisme abhi dates lag rahi h phir unhone ek application same act me distt aligarh m bhi daal di h unhone dikhaya h ki m vaha gaya unse maar pitai ki apni family valo k sath milkar. dono application women helpline m h currently.

sir mere sasural valo ne jo application aligarh m likhaye h us din sunday tha but really m vaha ni gaya m government job m ho or meri duty election m thi jiska us poore din ka attendance certificate mere pass h or vo maine aligarh women helpline me bhej diya h.

sir m is fraud case se kaise bach sakta ho

kya vaha vala case yaha distt haridwar m merge ho sakta h

sir pls help me out